Monday, June 22, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 6/22/09):
Thursday, June 25th
- 9:00 AM - Larry L. McGhee v. State of Indiana - After an investigating officer told Larry McGhee that sexual encounters with adult relatives are not against the law, McGhee confessed to one. The confession was admitted at trial, and McGhee was convicted of incest. The Court of Appeals reversed in McGhee v. State, 899 N.E.2d 35 (Ind. Ct. App. Dec. 29, 2008). The State has petitioned the Supreme Court to accept jurisdiction over the appeal. Here is the ILB summary (5th case) of the 2-1 COA opinion.
- 9:45 AM - Babes Showclub v. Patrick Lair - After a police officer allegedly was injured by an underage bar patron while responding to a complaint at Babes Showclub, the officer filed a complaint against the Showclub. The trial court denied the Showclub’s motion to dismiss the officer’s claims. On interlocutory appeal, the Court of Appeals reversed, holding that the officer’s claims were precluded by the Fireman’s Rule. Babes Showclub v. Lair, 901 N.E.2d 44 (Ind. Ct. App. Feb. 13, 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Here is the ILB summary - 2nd case.
- 10:30 AM - Indiana Family & Social Services Administration v. Alice Meyer - The Alice Meyer Trust petitioned for judicial review from a decision of the Family & Social Services Administration ("FSSA"). After the Trust failed to transmit the agency record by the extended deadline established by the Ripley Circuit Court, the FSSA moved to dismiss the petition. The court denied the motion to dismiss, granted the Trust's motion to file a belated record, and ruled on the petition for review. The FSSA appealed the denial of its motion to dismiss. The Court of Appeals issued an opinion in which one judge voted to affirm, the second judge concurred in the result, and the third judge dissented. Indiana Fam. & Soc. Serv. Admin. v. Meyer, 900 N.E.2d 74 (Ind. Ct. App. Jan. 30, 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Here is the ILB summary (2nd case) of the 2-1 decision with three opinions.
Next week's oral arguments before the Supreme Court (week of 6/29/09):
Next Thursday, July 2nd
- 9:00 AM - In the Matter Of N.E.; N.L v. Ind. Dep't of Child Services - The Marion Superior Court found N.E. to be a child in need of services and imposed a disposition affecting both parents. When father, N.L., appealed, the Court of Appeals reversed and remanded, concluding that although the child was in need of services with respect to the mother, the juvenile court had not determined whether the father is willing and able to parent the child appropriately. In re N.E., 903 N.E.2d 80 (Ind. Ct. App. May 19, 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Here is the ILB summary of the 2-1 COA opinion.
ALL Supreme Court oral arguments are videocast and accessible here, unless otherwise noted.
This week's oral arguments before the Court of Appeals (week of 6/22/09):
- None currently scheduled.
Next Tuesday, June 30th
- 10:00 AM - Peter and Lori Cook vs. Ford Motor Company - Peter and Lori Cook, parents of Lindsey Cook, brought this products liability lawsuit against Ford Motor Company alleging that Lindsey was injured in part as a result of defective instructions, warnings, and design of the front passenger seat airbag and airbag deactivation switch in their Ford vehicle. A jury trial resulted in a mistrial. Ford thereafter filed a motion for summary judgment with respect to the Cooks' defective warning claim that was granted by the trial court. Ford's subsequent motion for summary judgment regarding the Cooks' claims about defects in the airbag inflation system was also granted. The Cooks appeal the trial court's grant of summary judgment to Ford. The Scheduled Panel Members are: Judges Robb, Crone and Brown. [Where: Indiana Court of Appeals Courtroom - WEBCAST]
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms will be accessible via videocast.
NOTE: For a printable version of this list of upcoming oral arguments, click on the date in the next line. Then select "Print" from your browser.
Posted by Marcia Oddi on June 22, 2009 06:23 AM
Posted to Upcoming Oral Arguments